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~ GEER P,L.L,P.= ATTORNEYS. AT. LAW 4200 MULTIFOODS TOWER 33 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE: (61 2) 338-0661 FACSIMILE: (612) 338-8384 Some Membm Also~ OJ Pn:.:Dc. L:.w in~, Narrh Dakora, WISCUI1Sin, Kansas, Missouri, Connecticw, N.w York, Texas """ Ca/ifi;mia Dil-ect Dial No.: (612) 347-9105 Internet KYEAGER@meagher.com January] 5, ] 999 Dennis Welsch City of Roseville 2660 Civic Center Drive Roseville, MN 55113 Re: City of Roseville/Charles Cabinet Company, Inc. Planned Unit Development Agreement Our File No. 53684-1 Dear Mr. Welsch: This office represents the developer, in reference to the proposed Planned Unit Develqpment Agreement. I have reviewed, the same and recommend that the following ,revisions and clarifications be made to the Agreement., .. ,,', , , 1. I presume that the ordinance effectively rezoning the property to the proposed PUD will not be proposed to the City Council unless the Planned Unit Development Agreement is signed by the Schreiers. If! am wrong, please add to paragraph 1 the additional requirement that the Schreiers must also sign the PUD before the Agreement will be effective. 2. In the event the exhibits address items not specifically addressed in thePUD agreement, the exhibits should govern with respect to those items. Accordingly, please add the following to the end of the third sentence of paragraph 4: , to the extent items referenced or identified in the exhibits are not specifically addressed in this Agreement. 3. With respect to paragraph 8.6: In light of the pathway payment in lieu of construction payment that, will be made by Charles Cabinet Company, it would not be appropriate for the City to assess the property for, that,-impro,:ement if at some time in the. future the sid{)walJ< c,onstIl,lc_t~on qecow.es, part. of a city improvement project. ,In order to ,prevent a.douJJle payment. by our client ,or itss4cc:~s~or~ please add the following to the end of this paragraph: '. .